New council session begins; marijuana legalization and regulation introduced

On November 4, D.C. voters overwhelmingly approved Initiative 71, which legalized the limited possession and cultivation of marijuana by adults who are 21 or older. The measure survived a 30-day Congressional review period, and became law on February 26, 2015. Please note that this new law does not allow for legal sales, and it does not change federal law, and a large portion of the District is federal land. Please see our summary of the law for more details.

While there is much cause for celebration, the necessary work of making sure marijuana is treated similarly to alcohol is still ongoing. Due to limitations on what can be in D.C. ballot measures, the initiative does not create a legal, regulated market for marijuana. However, Councilmember Grosso has introduced legislation to create this framework. The Marijuana Legalization and Regulation Act of 2015 – B21-23 ­– would allow the city to register and regulate marijuana cultivators, product manufacturers, retail stores, and testing labs and to impose taxes on the sale of marijuana to adults 21 and older. Please let your councilmembers know you want the District to treat marijuana like alcohol.

Many thanks and a hardy congratulations are owed to the Yes on 71 campaign, the Drug Policy Alliance, and everyone else who worked on and voted for this historic effort. Please sign up for our District specific email alertsto stay up-to-date on future efforts to sensibly reform D.C.’s marijuana policies.

The D.C. Council will transmit to Congress legislation that allows D.C. physicians to recommend marijuana for any debilitating condition they think would respond favorably to the therapeutic use of marijuana and licensed medical marijuana cultivators to possess 500 plants. This legislation mirrors previously enacted and currently active emergency and temporary legislation. Once the Congressional review tolls, this change will be made permanent.

Because emergency legislation is in place, and temporary legislation is projected to take effect on February 26, physicians do not have to wait for the permanent bill to take effect to recommend medical marijuana to those suffering from PTSD, chronic pain, and a host of other conditions that were not on the list of qualifying conditions, but that have been shown to benefit from marijuana. Increasing the number of plants regulated cultivators may possess ensures that our seriously ill friends and neighbors have access to the medicine their physicians think will work best for them.

D.C. decriminalization bill takes effect

On July 17, the marijuana decriminalization bill approved by the D.C. Council and signed by Mayor Vincent Gray officially took effect! The new law, sponsored by former Ward 6 councilmember Tommy Wells, makes possession of up to an ounce of marijuana by an individual under 21 punishable by civil fine of $25. In addition, the simple smell of marijuana no longer gives a police officer grounds to conduct a search of an individual. For more information on the measure, please see our overview of the ordinance.

It is important to note that, like Initiative 71, this is only a change in District law, not federal law. Marijuana possession on federal lands, including the National Mall, is still a criminal offense and violators may be arrested and prosecuted.